This chapter is adopted pursuant to the authority vested in
the Board of Trustees of the Village of Hudson Falls pursuant to Municipal
Home Rule Law § 10 of the State of New York.
The Board of Trustees of the Village of Hudson Falls has determined
that its municipal Code does not address potential impacts of mobile
food service establishments and push carts. Although the NYS Department
of Health has adopted regulations pertaining to mobile food service
establishments and push carts (10 NYCRR 14.1 et seq.), said regulations
need to be supplemented by local law in order to address those potential
impacts which are specific to the Village of Hudson Falls community.
Therefore, in addition to compliance with said NYS regulations, all
applicants for a permit to operate a mobile food service establishment
or push cart within the limits of the Village of Hudson Falls shall
be required to submit an application for site plan review by the Village
Planning Board. The Planning Board shall be required to consider and
incorporate in its findings each of the factors hereinafter set forth.
As used in this chapter, the following terms shall have the
meanings indicated:
MOBILE FOOD SERVICE ESTABLISHMENT
A self-contained food service operation, located in a vehicle
or a moveable stand, self- or otherwise propelled, used to store,
prepare, display or serve food intended for individual portion service.
PUSH CART
A cart or barrow, manually propelled, used to vend food intended
for individual portion service.
The Code Enforcement Officer of the Village of Hudson Falls
shall enforce all the provisions of this chapter. Said Code Enforcement
Officer, any police officer, or health officer having jurisdiction
and any other duly authorized agent or employee of the Village of
Hudson Falls shall have the right at any reasonable time to enter
a mobile food service establishment in order to inspect same for compliance
with this chapter.
The owner, lessee, licensee, or permit holder who commits any
act of violation of the provisions of this chapter shall be liable
for any such violation and the penalty therefore. Each day such violation
shall continue or be permitted to exist shall constitute a separate
violation. Any person violating any provision of this chapter shall
be liable to a fine of up to $250 per day, or to imprisonment for
not more than 15 days, or both.
The section numbering contained herein is used for the adoption
of this chapter. Upon incorporation of the foregoing into the next
revision of the Code Book of the Village of Hudson falls, the foregoing
section and/or paragraph numbering may be amended by the publisher
upon final publication.
If any clause, sentence, paragraph, subdivision, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This chapter shall take effect immediately upon filing in the
Office of the New York State Secretary of State.